Judge sets date to consider dismissal in Thomas case

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SANTA ANA A judge set a May 10 hearing to determine a trial date and to consider a motion to dismiss charges that's expected to be filed by a former Fullerton policeman accused of being involved in the July 2011 death of a mentally ill homeless man.

Joseph Wolfe appeared before Superior Court Judge William Froeberg for a trial-setting conference Friday. The father and supporters of transient Kelly Thomas also were present for the minute-long hearing.

Thomas, 37, died July 10, 2011, when his life support was turned off five days after a confrontation with six Fullerton police officers in the parking lot at the Fullerton Transportation Center that was captured by a surveillance camera. The confrontation took place after a report that a man was pulling on the handles of locked cars.

Wolfe, who appears on the surveillance video to be the first officer to land a blow on Thomas during the encounter, was indicted in September by the Orange County grand jury. He has pleaded not guilty to a felony count of involuntary manslaughter and one count of the use of excessive force.

Froeberg has denied motions to dismiss the case against two other former officers also charged in connection with the death. Earlier this month, an appellate court rejected a bid by one of them, Manuel Ramos, to prevent his trial on second-degree murder and involuntary manslaughter charges.

Ramos was charged by the Orange County District Attorney's Office in September 2011, becoming the first policeman in the county to be accused of murder in regards to an event that occurred while he was in uniform and during the course of his duties.

Former Cpl. Jay Cicinelli was charged at the same time with involuntary manslaughter and assault under color of authority.

Froeberg tentatively scheduled a jury trial for Ramos and Cicinelli on June 28.

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